14 Mar 2002
LI DEFAN AND ANOTHER v. HKSAR
- Citation
- LI DEFAN AND ANOTHER v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FACC5/2001
In a judge-alone criminal trial the trial judge was entitled to regard the appellants' failure to give sworn evidence as strengthening the prosecution's inference of bribery where the only explanations were extra-judicial statements rejected by the judge and the matters were within the accused's peculiar knowledge; such reasoning did not breach the right to silence and the appeals were to be dismissed, while noting that in jury trials stronger comment is normally exceptional and must be given with caution.